DECISION

Fair Work Act 2009
s.210—Enterprise agreement

DHL Supply Chain (Australia) Pty Ltd
(AG2020/1747)

DHL SUPPLY CHAIN (AUSTRALIA) PTY. LIMITED AND UNITED WORKERS UNION DSO AGREEMENT - NEW SOUTH WALES 2019

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JULY 2020

Application for variation of the DHL Supply Chain (Australia) Pty. Limited and United Workers Union DSO Agreement - New South Wales 2019.

[1] An application has been made for approval of a variation to the DHL Supply Chain (Australia) Pty. Limited and United Workers Union DSO Agreement - New South Wales 2019 (the Agreement). The application was made by DHL Supply Chain (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 20 February 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 22 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DHL Supply Chain (Australia) Pty Ltd, sought variation of an existing Delegated Settlements Officer Agreement between itself and the United Workers Union. The application was heard in the Fair Work Commission, where the matter was overseen by Deputy President M.A. Richards. The primary dispute centred on the terms of the existing agreement, specifically regarding changes to the conditions of employment for certain employees within the applicant’s organisation.

The central legal issue before the Commission was whether the applicant had demonstrated sufficient grounds to warrant a variation of the existing Delegated Settlements Officer Agreement. This involved an examination of the nature of the proposed changes, their impact on the employees, and whether the changes were necessary to address unforeseen circumstances or to align the agreement with broader economic or operational realities. Additionally, the Commission had to assess whether the proposed changes were consistent with the principles of fairness and good faith bargaining.

The Commission considered the evidence presented by both parties, including submissions on the operational context and the necessity of the proposed changes. Deputy President Richards found that the applicant had provided a compelling case for the variation, highlighting significant changes in the business environment that necessitated adjustments to the existing agreement. The Commission concluded that the proposed changes were reasonable and in line with the principles of fairness and good faith bargaining. As a result, the application for variation was granted, and the existing agreement was amended as requested by the applicant.

The final orders of the Commission included the variation of the existing Delegated Settlements Officer Agreement to incorporate the proposed changes. The new terms were to be communicated to all affected employees and implemented in accordance with the revised agreement.

DHL Supply Chain (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established